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HomeMy WebLinkAboutUtility Box Art - David Bloomfield CITY OF AUBURN UTI L(T 4' BOX ART-- LICENSING AGREEMENT This Agreement is made and entered into this day of Nyte , 2019, by and between the City of Auburn Washington,a municipal corporation of the State of Washington ("City")and David Bloomfield ("Artist"), whose phone normbci and address is, 2353-313-9753 and 16223 21st Avenue SW, Surien,SVA 93166 RECITALS The City is seeking to enhance Auburn's public spaces by adding works of art to utilituian surfaces that are omen targeted by vandalise, such as utility boxes. The Artist submitted a work of art to be umsider#1 for installation on one or more select utility boxes within the city. The City has selected and decided to purchase the Artist's work of art described below for use in this project; AGREEMENT: In consideration of the mutual promises contained in this Agreement,the parties agree as follows: LICENSE OP ARTWORK. The Artist giants the City a ion-exclusive, non-transferable, non-assignable, irrevocable, perpetual license for the purpose of installing a vinyl wrap of the image described below("Art")on publically owned utilitarian surface throughout the city which are often targeted by vandalise. The license shall provide to the City the right to reproduce, install, display, modify, rclocate, create derivative works, and maintain the Art, and images of the Art, for noncommercial,educational,informational and other governmental purposes,including for publicity purposes.. The right to modify the image shall allow the City to fit the Art upon the selected surface,and includes the right to crop and/or electronically alter the shape and proportions of the Art. The City may also superimpose the City logo on the Art, or may co-locate the City logo with the Art on an item. The City shall acknowledge the Artist on each reproduction where possible. TRIO,* Hedgehog Year Completed: Dim elisions: Medium: - OUcirriteif Description of Work: PO' ' fit ry Use of Art: Utility Box Wrap Examples of which are shown as Fxhihit A. 2, ACKNOWLEDGEMENTS The Artist acknowledges and warrants that sheibe, resides within King or Pierce Cour Is neither a member of the Auburn Arts Commission ric.w an employee of The City of Auburn Is the ori, na.! creator of the Art and owns all applicable copyrights to the artwork. PRICE AND P.A.YMENT SCHEDULE. A. As full payment for the license to install and present the Art on public surfaces.,and all rights described in this Agreement,City will pay the Artist a total of five hundred dollars($500.00), which will constitute full compensation for the license. 13. City will make the payment required in paragraph A within thirty(30)days after Artist transfers an electronic file, scan,or photographs and submits a billing or invoice to the City. 4, AlTERATION,MODIFI ATION„AND DEACC:5$1914-ING QF TIT ART. A. City reserves the right to, and the Artist waives any right to prevent City from destroying or deacc&ssioning the its licensed reproduction of the Art if,after taking reasonable steps to notify the Artist who originally created or authored the Art, City determines that one or more of the following conditions apply: (1)the condition or security of the Art cannot be reasonably guaranteed, (2)the Art requires excessive maintenance or has faults of design or workmanship beyond practical repair or remedy; (3)the Art has been damaged and repair is impractical or unfeasible, (4)the Art cndangas public safety; (5)no suitable site is available,or significant changes in the use, character or design of the site have occurred which affect the integrity of the Art; (6)significant adverse reaction has continued unabated for more than three years; (7)the Art is shown tube of an inferior quality or unauthentic; (8)City wishes to replace the Art with another work by the Mist who originally created or authored the Art or • (9)the Artist who cwiginally created or authored the Art rtnu-gists modification or deaccession of the Art 13. If city decides to destroy its reproduction or the Art in accordance with this section, City will take reasonable steps to offer the Artist who originally created or authored the Art an opportunity to recover the Art at the Artist's expense in accordance with applicable law. 5 TRANSFER OF ART . A. Within 14 days of the execution date of this contract,the Artist shall provide the Art of art in a high quality digital file, scan, or photograph that complies with the exact specifications provided in the request for submission and final selection from the City crl'Auburn art staff' The format must be suitable for the City to enlarge, reproduce as vinyl wraps, and apply to utility boxes. 6_ VISUAL ARTISTS RI IIT$AcT WAIVER The Artist acknowledges that the Art described in section 1 of thisagreement is a work of 'isual art that is sorbj ect to the provisions of the Maud Artists Rights Act of 1990. This act protects certain rights of creators of artwork, including distortion and mortification. Artist further acknowledges that use of-the Art as a utility box cover will subject it to we thcr and may by its nature necessitate the destruction,distorts m, and modification of the Art in response to the City's use,repair and removal of the utility box. ARTIST DOES WAIVE ALL RIGHTS CONFERRED BY THE VISUALAR ISIS RIGHTS ACT WITH RFSPECI.'O USt: OF TH E WORK AS A UTiutY BOX WRAP and acknovaedgcs that.the City may have cause to remr we or modify the Art when it determines, atits sole diseietion, that doing so is in the best interest of the City. INDEMN IFICA1'IQM The Artist warrants that the Art is solely the result of the artistic effort of the Artist, is original and does not infringe upon any copyright The Artist agrees to indemnify, defend,and hold the City,its officials, employees and representatives harmless from and aginst any and all claims,liability, damages, causes of action,or demands arising out of or resulting from the Artists'negligent performance of this agreement,including copyright infringement of the Art INDEPENDENT CONTRACTOR. The parties agree and understand that the Artist is an independent contractor and not the agent or employee of the City. Itis aged that the Artist will not acquire rights to employee benefits,including unemployment compensation benefits,or other rights offered to City employees. The parties agree that the Artist will not act as the agent of the City. DISPU TF RESOI UTION. If any dispute or controversy arises between the Artist and City,the parties may exercise those legal remedies in King County,Washington. C NCE1A.,ATION, If the Artist fails to fulfill its obligations under this Contract in a proper and timely manner, or othe ise violater the terms of the meet/tent,the City has the right to cancel the contract if the Artist has not cured the default after riving seven(7)days written notice of the violation. 11. arTIRF.AGREEMENT. AMFNDMF.NTS. 'this Agreement represents the entire agreement of the parties.Any amendments to this Agreement will be in writing,and will be executed by the same parties who executed the original Agreement, or their successors in office. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. APPROVED: ARTIST/VENDOR! By: ''te David filcrornfield • Date „' , . rr r 2019 CITY OF AUBURN 411F44404„, Dant! Faber, Parks ec 071 rt& Department Director 1 AI" t 114614./Ph Date Fomi MaSCUI60 Rcv. 12/18/08 Utility Wiwi Liccnsc Agnumbent Rcv 4.06,19 Page PAGE 4 of NUMPAGES 4 Form MnSCU160 Ray. IVIgin Form W-9 Request for Taxpayer Give Form to the `encep'r2011 Identification Number and Certification requester.Do not a.no.rm.,aof#we T.ecg L r7endtothe lFirS. trittela MOTU,miss Bane tali strewn a,yar income tae MISTS 13 AL If IP Ruminant nam,Jdi,v ugardad mite coma,if 4nm dbo ri g. W ` t sock appepri it.b.for t,kral tax claaeirxtion: g14 Incentunesoie Precentor Q c CereerAtee 0 s Cdperagon 0 PrrrnveeieQ Fnrete JGe /Stt,�,�,. ❑r>:»-,PIS��y,.... 0 Limited.rbila c Ener Ow W L 4^/ificw en 4RPOR 014$=i tereorae"f.F'y creme ip~ urate- w Addiwoa(fannbirr,atrwrt,and apt.v Reis no.) Png..Kster' nacos aid a rc le,.eleree 0 Pity,ante,and 2P cede gvr r e0} Part Taxpayer Identification-Number(TIN) FreeryourTW n the appropriate box.The TIN provided mutt rnadc#t the name given on the'tdan a ino Seci+`� rite nurnbe�r 1 in avoid baclwp l pun:Ming.For iarog'wls,the ie your social security number fSSN}.l .For r,fax a 11E1 _® ��� r. uc en alien,scale pro fxietee,or disregarded entity,see the part I iretructione en page 3.For ether - o nlitic>v,it o your employer identification number Mt.If you do not heave a number,sec f4ow to get a TIN on page 3. Not*If 1te norAyerrt ban more then one rams,ears the alvei on pogo 4 for guidafnca on whore employer idea ificae°n aermber rnnnber to enter. f } Part It Certification Urhdcr perultir of perbey,I erlilf h91: 1. The number shown on this form is my correct taxpayer identification number for I am wailing far a number to be hewed to me),and 2_ I am not siject to backup withholding because:@e)i am erx+atmpt Iron tacloup withhold tg,or pa)I have not been notlfed by the Internal Fievenus+ Stevie:ORS)that I am subject to backup withhekfing se a result of a failure to report all interest or dividende,or{c)the 1AS has notified me that I am no longer subject to backup withholetkie.and :t. Ism a U.S.eitban or other uS person fdofvmd bdav4. Certification instruction.You muut c~rtk5 out 4E1112 above IT you have been notified by the 195 that you are exurmn[ry ati$e et to backup withholding heeei n you have faied to report ail interest and dividend:en your tax return.For real eagle transactions,item 2 does not amply.For mortgage irtterrGt paid,ocguisit on or abandonment of ceased property,canceiatian of debt,contzi ulions to an individual retirement arrangement ORA),and generally,pia other than intrrmt and dividends,you are not required to don the certification,but you mucus provide your caret TIN.Seethe irstnrctiore on page 4. Skin Signature et / Id c' ' Here u,S person r / " dale t General Instructions Not..If a redo:Ater gives you a loan other than Form W-0 to raqua&t your TN,you must ung the requester's form if it is.udrtontialty%Mier Section rofereeces are to the Internal Revenue Code unleee otherwise tr,mix Form W-e, n chcd. Petinibon 4f a U.S.person.tor federal tax purposes.you are Purpose of Form carvnideee d a U.S.Person If you are: A perr-co who ie requred to file an intoimation nylon with the IRS mint •An individued who Is a U.S.citizen or USS, resirient m art, o btain your correct taxpayer iderrtifcatian nurrker?TN)to raped,kn •A pear neratip,axpvnttioo,uomr imy+,ix Esb:SooietWrt oreatted or example,inownc paid to you,real estate easrttnctir>'sra.inerUniqe interest orflanteed in the Ufi1He1 Slate*err under the laws a1 the United Stetr .. you paid,acquisition or abandonment 4i aeClred property.c roAatIon •An wide father than a form ectatei.or ttf CJ9lYC or contributions you made to an IRA •A domestic trust fire defined in Regubtetss eecticn 301.7701-71. use Form w-e only it you ree.3 U.S.person iinclradirr.7 a reeidern alien),to provide your oorni t TIN to that omen r..qu:rr hCt Specialrules.tor p3tnerelripe.PannerrAps that conduct a busle Ce requester}and,when epplieAble,tar; business in the United States rite generally required to pay a withhoiiInQ tax an any forsig<r partners'share of income from such busineee. 1.Certify that the TN you ase Sluing c carrot(or you are w-aiting for a Feather,in certain ares where a Form W-9 baa reit been received,a number to be issued). partnership i required to presume that a partner is a foreign person. 2.Certify that you are riot stlbjact to bacto.ip wItht 4 Uig,err and pay the withholding taut Therefore,if y we a U.S.person that is a 9.Claim caernptk n iron bee Itue Withleekfing if you ane o U.S,atrernpt Palmar in a partner.hip oancurrtiag a trade or bsirrr=in the United Stehlepayee.If apple,you aro aka certifying that r t+U,$.pt}'sr>n,YOU( •Pio E=arn W-9 to the pnrbhar:htp fo ecdablsh your U_5 albecablus anarp of any partrterano income from a U.S trade or buain6Cc mann arra evouf withholding on yo.w are of portnarstrip inoarne. to not h th eat to the withhelrfilp tee:On Kneel partners'share of eif.+clinlly mr,i,r,otact Income. Cit.No.10231% Form W-9Mcv.12-1U11)